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the spirit of laws-及22准

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en in the state who might be said to be great of themselves�察�a thing directly opposite to the nature of this government。

Were the governor of a town independent of the pasha�察�expedients would be daily necessary to make them agree�察�which is highly absurd in a despotic state。 Besides�察�if a particular governor should refuse to obey�察�how could the other answer for his province with his head��

In this kind of government�察�authority must ever be wavering�察�nor is that of the lowest magistrate more steady than that of the despotic prince。 Under moderate governments�察�the law is prudent in all its parts�察�and perfectly well known�察�so that even the pettiest magistrates are capable of following it。 But in a despotic state�察�where the prince's will is the law�察�though the prince were wise�察�yet how could the magistrate follow a will he does not know�拭�He must certainly follow his own。

Again�察�as the law is only the prince's will�察�and as the prince can only will what he knows�察�the consequence is that there are an infinite number of people who must will for him�察�and make their wills keep pace with his。 In fine�察�as the law is the momentary will of the prince�察�it is necessary that those who will for him should follow his sudden manner of willing。

17。 Of Presents。 It is a received custom in despotic countries never to address any superior whomsoever�察�not excepting their kings�察�without making them a present。 The Mogul��51�А�never receives the petitions of his subjects if they come with empty hands。 These princes spoil even their own favours。

But thus it must ever be in a government where no man is a citizen�察�where they have all a notion that a superior is under no obligation to an inferior�察�where men imagine themselves bound by no other tie than the chastisements inflicted by one party upon another�察�where�察�in fine�察�there is very little to do�察�and where the people have seldom an occasion of presenting themselves before the great�察�of offering their petitions�察�and much less their complaints。

In a republic�察�presents are odious�察�because virtue stands in no need of them。 In monarchies�察�honour is a much stronger incentive than presents。 But in a despotic government�察�where there is neither honour nor virtue�察�people cannot be determined to act but through hope of the conveniences of life。

It is in conformity with republican ideas that Plato��52�А�ordered those who received presents for doing their duty to be punished with death。 ;They must not take presents�察─�says he�察 �neither for good nor for evil actions。;

A very bad law was that among the Romans��53�А�which gave the magistrates leave to accept small presents�В�54�А�provided they did not exceed one hundred crowns in the whole year。 They who receive nothing expect nothing�察�they who receive a little soon covet more�察�till at length their desires swell to an exorbitant height。

Besides�察�it is much easier to convict a man who knows himself obliged to accept no present at all�察�and yet will accept something�察�than a person who takes more when he ought to take less�察�and who always finds pretexts�察�excuses�察�and plausible reasons in justification of his conduct。

18。 Of Rewards conferred by the Sovereign。 In despotic governments�察�where�察�as we have already observed�察�the principal motive of action is the hope of the conveniences of life�察�the prince who confers rewards has nothing to bestow but money。 In monarchies�察�where honour alone predominates�察�the prince's rewards would consist only of marks of distinction�察�if the distinctions established by honour were not attended with luxury�察�which necessarily brings on its wants�此�the prince therefore is obliged to confer such honours as lead to wealth。 But in a republic where virtue reigns  a motive self´sufficient�察�and which excludes all others  the recompenses of the state consist only of public attestations of this virtue。

It is a general rule that great rewards in monarchies and republics are a sign of their decline�察�because they are a proof of their principles being corrupted�察�and that the idea of honour has no longer the same force in a monarchy�察�nor the title of citizen the same weight in a republic。

The very worst Roman emperors were those who were most profuse in their largesses�察�for example�察�Caligula�察�Claudius�察�Nero�察�Otho�察�Vitellius�察�Commodus�察�Heliogabalus�察�and Caracalla。 The best�察�as Augustus�察�Vespasian�察�Antoninus Pius�察�Marcus Aurelius�察�and Pertinax�察�were economists。 Under good emperors the state resumed its principles�察�all other treasures were supplied by that of honour。

19。 New Consequences of the Principles of the three Governments。 I cannot conclude this book without making some applications of my three principles。

1st Question。�А�It is a question whether the laws ought to oblige a subject to accept a public employment。 My opinion is that they ought in a republic�察�but not in a monarchical government。 In the former�察�public employments are attestations of virtue�察�depositions with which a citizen is entrusted by his country�察�for whose sake alone he ought to live�察�to act�察�and to think�察�consequently lie cannot refuse them。��55�А�In the latter�察�public offices are testimonials of honour�察�now such is the capriciousness of honour that it chooses to accept none of these testimonies but when and in what manner it pleases。

The late King of Sardinia��56�А�inflicted punishments on his subjects who refused the dignities and public offices of the state。 In this he unknowingly followed republican ideas�此�but his method of governing in other respects sufficiently proves that this was not his intention。

2nd Question。�А�Secondly�察�it is questioned whether a subject should be obliged to accept a post in the army inferior to that which he held before。 Among the Romans it was usual to see a captain serve the next year under his lieutenant。��57�А�This is because virtue in republics requires a continual sacrifice of our persons and of our repugnances for the good of the state。 But in monarchies�察�honour�察�true or false�察�will never bear with what it calls degrading itself。

In despotic governments�察�where honour�察�posts�察�and ranks are equally abused�察�they indiscriminately make a prince a scullion�察�and a scullion a prince。

3rd Question。�А�Thirdly�察�it may be inquired�察�whether civil and military employments should be conferred on the same person。 In republics I think they should be joined�察�but in monarchies separated。 In the former it would be extremely dangerous to make the profession of arms a particular state�察�distinct from that of civil functions�察�and in the latter�察�no less dangerous would it be to confer these two employments on the same person。

In republics a person takes up arms only with a view to defend his country and its laws�察�it is because he is a citizen he makes himself for a while a soldier。 Were these two distinct states�察�the person who under arms thinks himself a citizen would soon be made sensible he is only a soldier。

In monarchies�察�they whose condition engages them in the profession of arms have nothing but glory�察�or at least honour or fortune�察�in view。 To men�察�therefore�察�like these�察�the prince should never give any civil employments�察�on the contrary�察�they ought to be checked by the civil magistrate�察�that the same persons may not have at the same time the confidence of the people and the power to abuse it。��58��

We have only to cast an eye on a nation that may be justly called a republic�察�disguised under the form of monarchy�察�and we shall see how jealous they are of making a separate order of the profession of arms�察�and how the military state is constantly allied with that of the citizen�察�and even sometimes of the magistrate�察�to the end that these qualities may be a pledge for their country�察�which should never be forgotten。

The division of civil and military employments�察�made by the Romans after the extinction of the republic�察�was not an arbitrary thing。 It was a consequence of the change which happened in the constitution of Rome�察�it was natural to a monarchical government�察�and what was only commenced under Augustus��59�А�succeeding emperors��60�А�were obliged to finish�察�in order to temper the military government。

Procopius�察�therefore�察�the competitor of Valens the emperor�察�was very much to blame when�察�conferring the pro´consular dignity��61�А�upon Hormisdas�察�a prince of the blood royal of Persia�察�he restored to this magistracy the military command of which it had been formerly possessed�察�unless indeed he had very particular reasons for so doing。 A person that aspires to the sovereignty concerns himself less about what is serviceable to the state than what is likely to promote his own interest。

4th Question。�А�Fourthly�察�it is a question whether public employments should be sold。 They ought not�察�I think�察�in despotic governments�察�where the subjects must be instantaneously placed or displaced by the prince。

But in monarchies this custom is not at all improper�察�by reason it is an inducement to engage in that as a family employment which would not be undertaken through a motive of virtue�察�it fixes likewise every one in his duty�察�and renders the several orders of the kingdom more permanent。 Suidas very justly observes that Anastasius had changed the empire into a kind of aristocracy�察�by selling all public employments。

Plato��62�А�cannot bear with this pr

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